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All High Courts

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 2322 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Arrest illegal as grounds of arrest not conveyed in writing

November 6, 2023 786 Views 0 comment Print

Punjab and Haryana High Court held that non-conveying of grounds of arrest in writing is not sufficient compliance of the provisions of Section 19 of the PMLA and Article 22 of the Constitution of India. Accordingly, arrest of the present petitioner illegal and cannot be sustained.

Madras HC Directs Income Tax Department to Release Pension Account

November 6, 2023 336 Views 0 comment Print

In the case of G.K. Reddy vs. DCIT, Madras High Court has directed the Income Tax Department to lift the attachment of a pension account, considering the age and ailment of the assessee. Learn more about this judgment.

CBDT Office Memorandums Not a Fetter on Commissioner’s Quasi-Judicial Authority

November 6, 2023 300 Views 0 comment Print

Kerala High Court allows deposit orders of lesser amounts pending appeal, citing CBDT Office Memorandums not binding on the Commissioner.

Rajasthan HC Sets Aside Non-Speaking Order of GST Appellate Authority

November 6, 2023 1365 Views 0 comment Print

Rajasthan High Court sets aside an order passed by GST Appellate Authority under Section 107 of GST Act due to lack of reasoning and failure to address appeal grounds.

Pendency of BIFR Proceedings Justifies TDS Deposit Delay: Section 278AA Applies

November 6, 2023 402 Views 0 comment Print

Explore the legal case of Fusion Engineering Products vs. Union of India regarding a delay in TDS deposit and the quashing of criminal proceedings. Analysis and insights.

Mandatory Personal Hearing Before Adverse GST Assessment Order: Allahabad HC

November 6, 2023 927 Views 0 comment Print

Allahabad High Court rules that Assessing Authorities must provide an opportunity for personal hearing before passing adverse tax assessment orders, regardless of assessee’s choice.

Department Obligated to Provide Supporting Material for Section 148A(b) Notice

November 6, 2023 4143 Views 0 comment Print

For issuance of notice under section 148A(b), department was duty-bound and was mandatorily required to provide all material information or inquiry conducted along with supporting documents to assessee as per the provisions of Section 148A, therefore, the matter was remitted back to the respondent to supply all the relied-upon documents on the basis of which the notice had been issued and pass the order strictly in accordance with the law as mandated in the provision itself.

Reassessment without due application of mind by AO was invalid

November 6, 2023 1428 Views 0 comment Print

Re assessment notice issued under section 148 solely on basis of information received from the Kolkata Investigation Directorate that certain persons, who were based in Kolkata, had incorporated shell companies.

CBIC Circulars & Instructions Legally Binding on dept; Contravention Renders Actions Illegal

November 6, 2023 1923 Views 0 comment Print

Where the law prescribed a manner in which a power had to be exercised, then such power could be exercised only in such a manner. No prior notice was served during personal hearings therefore, alleged personal hearings were in contravention of the Circular as circulars or instructions issued by the Central Board of Indirect Taxes and Customs (CBIC) were legally binding on the department.

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